Masagung

PT Indopac Perdana Finance v. Masagung

Good Law
32 F. App'x 932
United States Court of Appeals for the Ninth CircuitApril 1, 2002Nos. 00-17345, 01-15622; D.C. No. CV-00-01919-VRWCalifornia481 words

Opinion

Lead Opinion

MEMORANDUM *

PT Indopac Perdana Finance (“Indopac”) appeals from the district court’s dismissal based on forum non conveniens. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the factual and procedural background, we need not detail it here.

The district court’s forum non conveniens determination is reviewed for abuse of discretion. Ravelo Monegro v. Rosa, 211 F.3d 509, 511 (9th Cir.2000). An abuse of discretion occurs when the district court incorrectly interprets the law, clearly errs in its assessment of the evidence, or strikes an unreasonable balance of the relevant factors. Id.

“At the outset of any forum non conveniens inquiry, the court must determine whether there exists an alternative forum.” Piper Aircraft Co. v. Reyno, 454 U.S. 235 , 255 n. 22, 102 S.Ct. 252 , 70 L.Ed.2d 419 (1981) (citations omitted). There is no dispute that all of the parties are subject to service in Indonesia. Not only are all the parties Indonesian citizens, but Putra Masagung and Made Oka Masagung (collectively “Masagungs”) and PT Gunung Agung (PTGA) consented to Indonesian jurisdiction as a condition of the district court’s forum non…

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